“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

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From the BESTSELLING Law Express revision series. Law Express Question and Answer: Constitutional and Administrative Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.

This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.

The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.

theory + MCQ of UGC NET Law Unit -2 Constitutional and administrative law

Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What’s more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer.

Part of the successful Routledge-Cavendish Q&A series, which provides students with essential advice and guidance for essay and exam success, Q&A Administrative Law 2007-2008 has been fully updated and revised to incorporate developments in public law since the publication of the previous edition. Covering the main topics of constitutional and administrative law, the authors examine the radical programme of constitutional reform introduced by the Labour government since 1997 and explore its impact over the last ten years. The book gives clear examples of how to answer questions on all the main topics examined, including: devolution the Human Rights Act and the key cases decided under it the A-G v Jackson decision on the Parliament Acts the core areas of police powers, including the very significant changes made by the Serious and Organized crime Act 2005 and recent anti-terrorism legislation new case-law in the area of public order and freedom of expression the Constitutional Reform Act 2005 possible reform of the Royal Prerogative, following the Iraq war recent judicial review cases on the prerogative the contemporary application of the Freedom of Information Act 2000 and Ministerial responsibility the recent Shayler litigation under the Official Secrets Act plans for reform of the house of Lords and proposed reforms to the Ombudsmen system. An excellent revision and practice guide, with full coverage of recent important judicial review cases, this book gives students an important insight into exactly what examiners are looking for in an answer.